M. G. v. Juvenile Officer of Cape Girardeau County

828 S.W.2d 951, 1992 Mo. App. LEXIS 704, 1992 WL 81895
CourtMissouri Court of Appeals
DecidedApril 24, 1992
DocketNo. 17254
StatusPublished
Cited by8 cases

This text of 828 S.W.2d 951 (M. G. v. Juvenile Officer of Cape Girardeau County) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M. G. v. Juvenile Officer of Cape Girardeau County, 828 S.W.2d 951, 1992 Mo. App. LEXIS 704, 1992 WL 81895 (Mo. Ct. App. 1992).

Opinion

PARRISH, Judge.

This is an appeal from an order terminating appellant’s parental rights to M.H., his daughter.1 § 211.477.1.2 This court affirms.

[952]*952“Juvenile proceedings and appellate review of such, partake the nature of civil proceedings and the scope of review is as in court-tried cases.” C.R.K. v. H.J.K., 672 S.W.2d 696, 698 (Mo.App.1984). As such, this court’s review is undertaken in accordance with Rule 73.01(c) as interpreted in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). The trial court’s order terminating parental rights is the judgment from which this appeal was taken. §§ 211.261 and 211.477; Rule 120.01. As such that order “will be sustained ... unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law.” Murphy v. Carrón, supra, at 32. The trial court’s opportunity to have judged the credibility of the witnesses shall be given due regard. Rule 73.01(c)(2). This court, in its review of the trial court’s decision, “shall view the facts and the reasonable inferences therefrom in the light most favorable to the trial court’s order.” In Interest of M.L.K., 804 S.W.2d 398, 400 (Mo.App.1991). Further, since the trial court found more than one statutory ground for the termination of parental rights, “[i]f there exists one statutory ground for termination of parental rights, that is sufficient for termination provided it is in the best interests of the child.” In Interest of S_A_J_and S_L_J_, S.W.2d 690, 703 (Mo.App.1991).

M.H. was born December 4, 1979. The marriage of appellant and D.Y., the mother of M.H., was dissolved March 29, 1985. D.Y. was awarded custody of M.H. and appellant was ordered to pay child support in the amount of $30 per week.

D.Y. testified that from 1980 to 1987, appellant was separated from his daughter “[t]he majority of the time.” D.Y. left appellant four times, taking M.H. with her. “The rest of the times he left.” The last time appellant had visited with M.H. was in August or September of 1985, “[ajfter the divorce.” He visited with her for “[a]bout four hours.” D.Y. was asked, “Are you aware of any efforts he made to try to help her after that time, after this time in ’85.” She answered, “I have never — [appellant] has never supported the child.” D.Y. testified that the appellant had never requested additional visitation from her.

Before the marriage of D.Y. and appellant was dissolved, he had been confined in local jails on at least two occasions. He had spent one day in jail and paid a $10.00 fine, “or something like that,” in October 1979 as a result of a charge of possession of liquor by a minor. In March 1984, he was confined for ninety days in the City of St. Louis workhouse for possession of a controlled substance. Appellant’s periods of incarceration did not end after the dissolution of his marriage. In February 1986, he pleaded guilty to driving while intoxicated and received a suspended imposition of sentence. Four days later, he committed a second driving while intoxicated offense. He spent a “couple of days” in jail as a result of those offenses.

In July 1987, appellant “got into some trouble” for “uttering and publishing” a stolen cheek. As a result, appellant received a four-year sentence from a federal court. He served eighteen months of that sentence, “[cjounting the halfway house.” He was released from the halfway house in January 1989. That same month, appellant was involved in an automobile accident in Ozark County, Missouri, that resulted in the death of another person. Appellant was charged with involuntary manslaughter. He was tried and found guilty of that offense and was sentenced to six years’ imprisonment. Appellant was serving that sentence at the time of the trial of this case.

Since the dissolution of marriage, appellant had paid no money for the support of the child. He provided no food, clothing, or gifts for her. Those failures by appellant were not unlike what had occurred before the dissolution of marriage. Appellant was asked about his employment during periods of separation from D.Y. and M.H., before his marriage was dissolved. He was asked about the time he was separated from D.Y. for “about a year and a half from early 1984 to 1985.” Appellant “believe[d]” that he “was doing the general hauling and basement cleaning and garages.” He was [953]*953staying with his father. He explained, “[TJhat’s when I was having problems with the D.W.I. and things, traffic tickets; I didn’t make very much.”

Appellant was asked, generally, about the type of employment that was available to him from 1980 until the time of the trial. He was asked the following questions and gave the following answers.

Q. Were you separated from [M.H.] a number of times starting in 1980 until the present time?
A. Yes, sir.
Q. And did you have the kind of employment you feel like you could have provided for her?
A. Then?
Q. Uh-huh.
A. No, sir.
Q. Why didn’t you?
A. I was drinking heavily and I just didn’t.

The trial court’s findings, set forth in its Findings of Fact and Order Terminating Parental Rights of Mother and Father, included:

1. The Court finds by clear, cogent and convincing evidence the following concerning the natural father, [appellant]:
(a) It is in the best interests of the child that the parental rights of [appellant] in and to [M.H.] should be terminated.
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(c) [Appellant] has a lengthy record of law violations, including at least two felony convictions, and on February 7, 1990, was sentenced to the Missouri Department of Corrections for six years. Although imprisonment does not per se constitute abandonment, the conduct of [appellant] infers that reunification with [M.H.] was not a high priority.
(d) [Appellant] abandoned [M.H.] for a period exceeding six months and has left her without provisions for parental support, and without making arrangements to visit or communicate with her, although able to do so. The court attaches little weight to the very token effort
made by [appellant] to preserve the parent-child relationship.
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Although appellant presents five points on appeal, consideration of his second and fifth points affords the basis for disposition of this appeal. The second point on appeal asserts that “[t]he amended petition, paragraph 7(d) fails to state a cause of action upon which relief can be granted because it failed to include as required by Rule 114.-01(b)(3) the date, place and manner of the acts alleged because it failed to specify what six month period the appellant, ... failed to support his daughter.”

The fifth point on appeal is also directed to paragraph 7(d) of the amended petition.

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Bluebook (online)
828 S.W.2d 951, 1992 Mo. App. LEXIS 704, 1992 WL 81895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-g-v-juvenile-officer-of-cape-girardeau-county-moctapp-1992.